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TERMS OF USE

TERMS OF USE October 23, 2024

Defrenz (“Defrenz,” “we,” “us,” or “our”) owns and operates the Defrenz mobile application (“App”), the related website available at www.Defrenz.com (this “Site”), and associated services (collectively, the “Service”). These Terms of Service (“Terms”) are an agreement between You and Defrenz. These Terms apply to Your access and use of any part of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. By accessing or using the Service in any way (including browsing), using any information, or submitting any content or personal information via the Service, You agree to be bound by these terms and conditions. It is Your responsibility to read the terms and conditions before using the Service. If You do not expressly agree to all of the terms and conditions, then please do not access or use the Service. You represent and warrant that You are at least eighteen (18) years old and are legally able to agree to these terms.

PLEASE NOTE THAT SECTION 12 CONTAINS AN ARBITRATION CLAUSE. By agreeing to these Terms of Service, You agree to resolve all disputes with us through binding individual arbitration, which means that You waive any right to have those disputes decided by a judge or jury.

1. YOUR ACCOUNT

To use many of the Services, You will need to register and create an account. When You set up an account, You are required to provide Your name, mobile number, and email address and select a password, which You may not transfer or share with any third parties. You may also register by linking Your Google® account, X (formerly ‘Twitter’) ® account, or Apple® account. If You register by linking Your Apple® account, You will have the option to enable “Hide My Email.” Hide My Email will generate a random email address that then forwards messages to Your actual email address. You must provide us with accurate and complete information, and You must update Your account information as needed to keep the information accurate and complete. You may not impersonate anyone else or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of Your password, e-mail and any other account identifiers, and You are solely responsible for all use of Your password and account, whether authorized by You or not. If You choose to make any of Your personally identifiable information publicly available on the Site, You do so at Your own risk.

All billing and other information provided by You on the Service must be truthful and accurate. You agree to keep such information current. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. We may terminate Your access to the Site if You provide us with false or misleading information.

If You suspect or discover any unauthorized use of Your account, You should notify Defrenz immediately by contacting us at support@Defrenz.com. We are not responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your account with or without Your knowledge.

Unauthorized reproduction, copying, retransmission or exploitation of the Service, including but not limited to all content and products, is hereby expressly prohibited.

Apple App Store Terms

The following terms and conditions apply to You only if You acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that these Terms are solely between You and Defrenz, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund to You the purchase price, if any, paid by You for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Defrenz acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Defrenz acknowledge that, in the event of any third party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, Defrenz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with any applicable third-party terms of agreement when using the App. You and Defrenz acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms as they relate to Your license of the App, and that, upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against You.

Mobile Software from Google Play Store

If You acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to Your use of any App. Defrenz and You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Defrenz or You (or any other user) under these Terms or the Google Play Terms.

2. USER OBLIGATIONS AND CONDUCT

2.1 You must be 13 years old

You must be 13 years or older to sign up for an account and use the Services. If necessary, we may ask You for proof of age. If You are a parent or guardian and You are aware that Your child has provided us with Personal Information, please contact us so that we will be able to take the necessary actions.

2.2 Follow the Law and our policies

We expect all users to behave responsibly and help keep the Service a nice place. Don’t do any of these things on the Service:

  1. Do not break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty You have toward anyone.
  2. Do not lie. Don’t post information You know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent. Don’t create a false identity to mislead others, breach any contractual or confidentiality obligations, or violate privacy rights. Don’t provide false information, impersonate another person or entity, or misrepresent Your affiliation with any entity.
  3. Don't do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  4. Do not harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Defrenz or another party).
  5. Do not harm or attack the Service. Don’t delete, modify, hack, or attempt to change or alter any of the Content on the Service. Don’t try to access accounts, computer systems, or networks connected to any of our servers or to the Service, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Service. Do not use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Service or servers or networks connected to the Service or take any other action that interferes with other parties' use of the Service.
  6. Do not use any robot, spider, or other automatic or manual device or process to harvest or compile information on this Website for purposes other than for a generally available search engine;

3. OUR PROPRIETARY RIGHTS

  1. Defrenz, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners retain all rights, title, and interest regarding their materials contained in the Services, including all sound, audio, software, graphics, text and look and feel of the Site and services, and all trademarks, trade names, brand names, trade dress, copyrights, patents, and other intellectual property rights related thereto (“Proprietary Materials”). Neither these Terms nor Your use of the Services transfers any right, title or interest in the Services, the Content, or Intellectual Property Rights to You.
  2. The Site and all of its materials and content, including its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, design, video, and audio (collectively, “Materials”) are protected by U.S. copyright laws and other U.S. and international laws and treaties. No right, title or interest in our Materials is conveyed to You. Any unauthorized copying, alteration, distribution, transmission or display or other use of these Materials is prohibited.
  3. Except as provided in these Terms, You may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Services, in whole or in part, without the express written permission of Defrenz. In addition, You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services. To the extent any action or usage constituting a violation of the User Conduct is otherwise explicitly permitted or authorized pursuant to these Terms, such authorization is not intended to and shall not vest in You any ownership interests or other rights of any kind beyond those expressly granted herein. Unauthorized use of the Services, including usage of the Services in violation of the User Conduct, shall be a material breach of these Terms and may subject You to legal action.
  4. The Service is controlled, operated, and administered by Defrenz from its offices or servers within the Dubai. Defrenz makes no representations that materials or Content on the Service is appropriate or available for use at locations outside of the Dubai. A reference to a product or service on the Service does not imply that such product or service is or will be available in Your location. The Content of the Service, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use the Service nor export the Content in violation of Dubai. export laws or regulations. If You access the Service from a location outside of Dubai, You are responsible for compliance with all local laws and regulations.
  5. Nothing in these Terms confers any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Defrenz reserves all rights not expressly granted.
  6. Your misuse of the trademarks and copyrighted materials displayed on our Website is strictly prohibited. Defrenz reserves the right to enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

4. THIRD-PARTY CONTENT

  1. Third-Party Content. Certain materials on the Service may be furnished by third parties. Certain product, service, or company designations for companies (Linked Websites) other than Defrenz may be mentioned in the Service for identification purposes only. Such links are provided for Your convenience only. Defrenz does not control such third-party websites and is not responsible for any content thereon, including with respect to any comments posted on such third-party website. Defrenz’s inclusion of links to such third-party websites does not amount to or imply any endorsement or warranty of the material on such sites or any association with their owners or operators. You agree that Defrenz is not responsible for any such third-party websites and services or any content thereon and agrees to hold Defrenz harmless from any and all claims or liability arising from Your use of such third-party websites or services. You will need to make Your own independent judgment regarding Your interaction with these Linked Websites You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Websites before You use them. Defrenz does not author, edit, or monitor these Linked Websites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites; (b) third-party content accessible through such Linked Websites; (c) any loss or damage You incur from dealing with any Linked Websites; or (d) Your dealings with any third parties found on or through the Service. Any concerns or questions related to third-party sites should be directed to the webmaster or other appropriate contact person for such third party. Third-party trademarks, trade names, logos, product or services names contained on the Service are the trademarks, registered or unregistered, of their respective owners.
  2. Financial/Cryptocurrency Disclaimer: The content provided on this platform is for informational purposes only and does not constitute legal, financial, or investment advice. The platform aggregates information on various blockchain networks, tokens, projects, and airdrops, all sourced from third-party providers and publicly available data. While efforts are made to ensure the accuracy and reliability of the information presented, the platform does not guarantee the completeness, timeliness, or accuracy of the content. Users should conduct their own research and consult with qualified professionals before making any financial, legal, or investment decisions. The platform, its owners, and affiliates expressly disclaim any liability for actions taken or not taken based on the content provided. The platform does not endorse, sponsor, or guarantee any specific project, token, or airdrop, nor does it facilitate or execute any transactions. All information is presented 'as is,' and users are solely responsible for any risks associated with their use of the platform. By accessing or using this platform, you agree to these terms and acknowledge that you are solely responsible for your own decisions.

5. USER CONTENT

  1. User Content. Users of the Service may be permitted to create, upload, post, message, or transmit videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (“User Content”). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by content posted by our contributors or User Content, are those of the respective authors and not of Defrenz or its affiliates or any of their officers, directors, employees, or agents. We neither endorse nor are responsible for the User Content or any other content posted to the Site or the Services by anyone other than Defrenz.
    1. User Content Obligations. All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that all User will be processed by Defrenz’s automatic moderation services after its upload. You further understand Your User Content can be reported by another user(s) will then be manually reviewed.
    2. License to Defrenz. Any User Content that You post will be considered non-confidential and non-proprietary, and You grant Defrenz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media; however, Defrenz will only share personal information that You provide in accordance with Defrenz’s Privacy Policy.
    3. User Content Representation and Warranties. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post at the time of posting; that the User Content contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that Your User Content may be copied by other Services users and discussed on and outside of the Services, and if You do not have the right to submit User Content for such use, it may subject You to liability. Defrenz takes no responsibility and assumes no liability for any content Posted by You or any third party.
    4. AI-Generated Content: Users may create, upload, or transmit content generated using artificial intelligence tools, including but not limited to text, audio, video, images, and other multimedia ('AI-Generated Content'). You understand that any AI-Generated Content uploaded by You is considered User Content and must comply with the same content standards as stated above, including not being illegal, fraudulent, deceptive, obscene, or infringing on intellectual property rights. You acknowledge that while Defrenz employs both automated and manual moderation efforts to review AI-Generated Content, it may not be able to identify all potentially harmful or infringing AI-Generated Content. By submitting AI-Generated Content, You warrant that the content is original or that You have obtained all necessary rights and licenses to post it, and You assume full responsibility for any consequences arising from its use. You agree that You will not use AI-generated tools to create content that could be considered misleading, harmful, or otherwise objectionable as defined in these Terms.Defrenz reserves the right to remove or restrict access to any AI-Generated Content at its sole discretion, especially if it is flagged or reported as violating these Terms. Defrenz disclaims any liability for AI-Generated Content posted by users, and You acknowledge that You will be solely responsible for any legal claims, damages, or other liabilities that may arise from AI-Generated Content submitted by You.
  2. Enhanced Community Channels and Exclusive Community Channels. Users of the Service may be permitted to create and host a channel, an Enhanced Community Channel or an Exclusive Community. Enhanced Community Channels offer both public and private channels with comprehensive communication capabilities. Exclusive Community Channels are similar to Enhanced Community Channels but are premium, paid-access spaces. Channel admins are solely responsible for managing access and member interactions on the channel. We neither endorse nor are responsible for the channel or the User Content or any other content posted to the channel by anyone other than Defrenz. All channels, and User Content posted thereon, must comply with the following content standards: channels must not be or promote illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy activities, or infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that all content shared on channels will be processed by Defrenz’s automatic moderation services after its upload. You further understand Your User Content can be reported by another user(s) which will then be manually reviewed.
  3. Defrenz has the right but not the obligation to monitor, edit, remove, and/or investigate any User Content. Defrenz also has the right to terminate Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Defrenz may exercise these rights at any time, without notice or liability to You or any third party.

Nothing in these Terms confers any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Defrenz reserves all rights not expressly granted.

6. SECURITY AND PRIVACY

Defrenz will treat any information it collects from You through this Service according to its Privacy Policy (“the Policy”), which is incorporated by reference into these Terms. Please review the Policy and be sure You understand and agree to it before You use the Service.

In order to access certain features on the Service and to post content on the Site, You may be required to create an account. By setting up an account, You agree to provide Defrenz with accurate and complete information. You are responsible for protecting and maintaining the secrecy of Your username and password. Defrenz is not responsible or liable for any loss or damage that results if You do not comply with this security obligation. You, and You alone, are responsible for all activities and actions that occur under Your account, whether or not You authorize them. You agree to immediately notify Defrenz of an unauthorized use of Your username or password.

7. ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services (which may include the payment and/or delivery of such related goods and/or services), and any other term, condition, warranty and/or representation associated with such correspondence or dealings, are solely between You and the advertiser. Defrenz is not responsible or liable for any loss or damage resulting from any such correspondence or dealings, or as a result of the presence of such advertisers on the Service.

8. LINKING

You may link to publicly available portions of the Services if You do so in a way that is fair and does not damage or take advantage of our reputation, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.

9. DISCLAIMER OF WARRANTY

Defrenz provides the site on an “as is” and “as available” basis. Defrenz hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, with respect to the site including without limitation warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, Defrenz does not warrant that the Site will be uninterrupted, free of inaccuracies, errors, viruses or other harmful components or operate in the configuration or with the hardware or software You use. Your use of the Site is solely at Your risk.

Defrenz hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, with respect to products purchase on the site, including without limitation warranties of merchantability or fitness for a particular purpose.

10. INDEMNITY

All users herein agree to indemnify and hold harmless Defrenz, our subsidiaries, affiliates, agents, employees, officers, partners, directors, and/or licensors, for any claim or demand — which may include, but is not limited to, cost, expense, or loss, including attorney fees made by any third party — arising o resulting from: (i) the use of or reliance on any information, material, or content of the Services or on our Site by You or any third party to whom You have provided such information, material, or content, regardless of whether or not such information, material or content contained any errors or omissions and whether or not Defrenz was aware or should have been aware of any such errors or omissions; (ii) Your violation or breach of these Terms; (iii) Your negligent acts or omissions or willful misconduct; or (iv) any allegation that Your use of or access to the Services infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary rights of any third party. Your duty to indemnify, defend and hold harmless Defrenz under this Agreement shall survive the termination, cancellation, or expiration of the Services.

11. LIMITATION OF LIABILITY

In no event will Defrenz be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of the site or any other hyperlinked websites, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, and loss of data or damages. In the event of any problem with the site or any content therein, You agree that Your sole remedy is to cease using the site. In no event will Defrenz’s aggregate liability to You in connection with the Site or the products exceed the amount (if any) paid by You to Defrenz in the six months immediately preceding the event which gave rise to the liability. Because some jurisdictions do not allow for the exclusion of damages, Defrenz’s liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction.

Any third-party websites linked to or from the Site are not controlled by Defrenz. Accordingly, Defrenz makes no warranties regarding such third-party websites and will not be liable for any loss or damage caused by Your use or reliance on such websites. Your use of third-party websites is at Your own risk. When You access any of these third-party web sites, Your rights and obligations will be governed by the agreements and policies relating to the use of those web sites.

12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Defrenz will always respect the intellectual property of others, and we ask that all of our users do the same. Defrenz may disable and/or terminate the accounts of any user who violates these Terms and/or infringes the rights of others.

12.1 DMCA Takedown Notice

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that You believe has been infringed upon;
  3. A description of the location of the site which You allege has been infringing upon Your work;
  4. Your physical address, telephone number, and email address;
  5. A statement that You have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law, in which You state that the alleged and disputed use of Your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in Your notice is truthful and accurate, and that You are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

12.2 DMCA Counter-Notification

If You believe that Your material has been removed by mistake or misidentification, please provide Defrenz with a written counter-notification containing the followin information:

  1. Your name, address, and telephone number;
  2. A description of the material that was removed and the location where it previously appeared;
  3. A statement UNDER PENALTY OF PERJURY that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United States, any judicial district in which Defrenz may be found (which includes the Eastern District of Pennsylvania), and that You will accept service of process from the person who filed the original DMCA notice or an agent of that person;
  5. Your electronic or physical signature.

Please make sure that all of the information You provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

13. MISCELLANEOUS

13.1 Cautions For Global Use And Export And Import Compliance

Due to the global nature of the Internet, through the use of our network You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, You thus agree to comply with all applicable export and import laws, statutes and regulations.

13.2 Updates to These Terms

Defrenz may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on the Service, which will apply to Your use of the Service after the modifications have been posted. Please review these Terms regularly for any updates or changes. Your continued use of the Service after we post updates or changes to these Terms constitutes Your acceptance of the updates or changes. If You object to any part of these Terms or any later modifications to these Terms, You should stop using the Service.

13.3 Errors on The Site

It is not possible to ensure that any Site is free of human or technological errors. The Service may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Defrenz reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without notice.

13.4 Modifications or Termination Of The Service

Defrenz may modify, alter, and/or discontinue, whether temporarily or permanently, our services or the Service without prior notice. Defrenz may also—at its sole discretion — modify or terminate Your access to the Service (or portions of the Service) at any time, temporarily or permanently, without notice to You. Sections of these terms entitled Registration, Third-Party Content and Links, Our Proprietary Rights, User Content, Feedback, and Use Restrictions, User Conduct, Permissible Use, How Backing Works, Payment Terms and Rewards, Termination, Security and Privacy, Advertisers, Representations and Warranties, Copyright Or Intellectual Property Infringement Claims Notice & Procedures, and Miscellaneous survive any termination.

13.5 No Third-Party Beneficiaries

Your agreement to these Terms does not create third party beneficiaries.

13.6 Use Safely

Some users may experience adverse effects when exposed to certain light patterns or backgrounds on a computer screen. Please consult a physician if You experience adverse effects such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or involuntary movement while using the Site.

13.7 Entire Agreement

These Terms constitutes the entire agreement between You and Defrenz regarding the use of the Services and supersedes any prior version. You may also be subject to additional third-party terms and conditions when You use or purchase affiliate services, third-party content, or third-party software.

13.8 Choice of Law and Forum

This Terms of Service shall be construed and governed under the laws of the United States and the Commonwealth of Pennsylvania (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to Your use of our Services, shall be in the federal court in Philadelphia, Pennsylvania or state court of competent jurisdiction located in Philadelphia County, Pennsylvania, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

All such disputes are subject to binding arbitration by a United States Arbitration & Mediation (“USA&M”) neutral according to the USA&M Rules of Arbitration. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

13.9 Waiver and Severability Of Terms

Defrenz’s failure to exercise or enforce any right or provision of the Terms does not constitute a waiver. If any provision of this Terms is found by a court of competent jurisdiction to be invalid, You agree that the court should try to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.

13.10 Consent to Communication

You agree that Defrenz reserves the right to send electronic or paper mail to You for the purpose of informing You of changes or additions to the Services or these Terms. You further agree that from time to time Defrenz may contact You via electronic or paper mail for the purpose of soliciting feedback or participation in user surveys relating to the Services. Any information obtained from You will not be shared with any third parties as provided in the Terms.

13.11 Electronic Communications

When You use the Services or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide You electronically satisfy any legal requirement that such communications be in writing.

CONTACT INFORMATION

If You have any questions about these Terms or Defrenz’s information practices, or would like to update Your personal information, please contact us at support@defrenz.com.